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Posts by Attorney David McClurg
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Wisconsin Employers Should Consider the Likely Increase in “Open Carry” when Developing Their Weapons/Firearms Policies
Posted by Attorney David McClurg in Human Resources, Business Management / Comments
Much has been written of late regarding the legalization of concealed carry of weapons by holders of valid permits in Wisconsin. However, little attention had been paid to the significant expansion of the right to openly carry loaded handguns in Wisconsin under Wisconsin’s Concealed Carry Law. “Open carry” is sometimes referred to as “constitutional carry” because the Wisconsin State Constitution provides that "The people have the right to keep and ...
Read MoreIRS Announces Amnesty Program For Independent Contractor Misclassification
Posted by Attorney David McClurg in Business Management / Comments
The IRS recently announced a new program which will allow businesses to voluntarily reclassify independent contractors as “employees” for federal employment tax purposes. Employers participating in this Voluntary Classification Settlement Program (“VCSP”):1. Will have to pay only 10% of the employment tax liability that may have been due on compensation paid to the workers for the most recent tax year (about 1% of the wages paid to the ...
Read MoreFacebook Posts Protected Under the NLRA;Employer Required To Reinstate Terminated Employees
Posted by Attorney David McClurg in Business Management, Technology, Labor Relations / Comments
As indicated in our earlier posts, the National Labor Relations Board (“NLRB”) has been focusing significant attention on employees’ rights to communicate about workplace issues on social media sites. Most of the recent unfair labor practice charges the Board has filed against employers for disciplining employees based on such communications havebeen settled without a hearing or a decision on the merits of the charges. That changed earlier this month when ...
Read MoreNLRB Final Rule Requires Posting of Employee Rights Under the NLRA
Posted by Attorney David McClurg in Labor Relations / Comments
Despite strong objections from the buiness community, the NLRB has issued a Final Rule requiring that both union and non-union employers post an extensive Notice advising employees of their rights under the National Labor Relations Act. The specific language to be included in the Notice, which must be posted by November 14, 2011, is set out in the Rule. Among other things, the Rule requires advising employees that they have the ...
Read MoreDepartment Of Labor Seeks Reporting of Union Avoidance Consultations
Posted by Attorney David McClurg in Labor Relations / Comments
The Department Of Labor (DOL) oversees the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), which requires unions, employers and "persuaders" to report certain information and activities for public disclosure. Reports must be made by any employers, consultants or lawyers who enter into agreements seeking to influence employees’ decisions on whether to exercise their collective bargaining rights. In addition to the identity of the parties to the agreement, the report must ...
Read MoreNLRB's Proposed Rule on "Quickie" Elections Criticized
Posted by Attorney David McClurg in Labor Relations / Comments
Given congressional inaction on the Employee Free Choice Act (“EFCA”), President Obama’s appointees on the National Labor Relations Board (“NLRB) have dusted off agency rulemaking powers last used by the Board in 1989. After proposing a rule requiring employers to post a detailed notice of employees’ rights to organize for collective bargaining purposes, the NLRB recently announced another proposed rule that would dramatically shorten the period of time between the ...
Read MoreEarly Case Assessment Minimizes Litigation Costs
Posted by Attorney David McClurg in Business Management, Technology / Comments
By: David A. McClurgEarly Case Assessment (“ECA”) is becoming increasingly important in evaluating the costs and risks of employment related litigation – particularly where discovery is expected to involve requests for production of a large number of documents that must be reviewed for relevance and the existence of privileged communications. The widespread use of electronic document storage and mind boggling advances in the technology available to search and screen ...
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